If you weren’t wearing a helmet, you might be wondering whether that automatically puts you at fault or takes away your ability to file a claim. Insurance companies often lean into that assumption, but the law has a different take.
In Wisconsin, motorcycle helmets are strongly recommended for safety, but they are not legally required for riders who are 18 or older and properly licensed. Even if you were not wearing a helmet, you still have the right to pursue compensation if another driver caused the crash.
If you were injured while riding in Milwaukee, Madison, Appleton, or Green Bay, the focus of your claim is not whether you wore a helmet. It is whether another driver acted carelessly, failed to yield, was distracted, or otherwise caused the collision.
In Wisconsin, motorcycle helmet laws are limited. Riders and passengers under 18 and those riding with an instructional permit are required to wear helmets. For riders 18 and older with a valid license, helmets are optional.
That distinction matters. Choosing not to wear a helmet when you are legally allowed to do so is not, by itself, a violation of the law.
Yes. You can still file a motorcycle accident claim even if you were not wearing a helmet.
The most important question in any motorcycle case is what caused the crash, not what you were wearing. If another driver was speeding, distracted, failed to yield, or simply was not paying attention, you still have the right to pursue compensation for the harm they caused. That can include:
Helmet use does not change whether another driver acted negligently.
This is where things get more nuanced. Wisconsin follows a comparative negligence system. That means fault can be divided, and compensation can be reduced if someone’s actions contributed to their injuries.
In motorcycle cases, insurance companies sometimes argue that not wearing a helmet made injuries worse. For example:
In that situation, the argument is not that the rider caused the accident, but that they share some responsibility for the extent of their injuries. Even then, this does not automatically reduce compensation. It must be proven, and it is often disputed with medical and accident evidence.
Every case is different.
This is why these cases should not be decided by assumptions. They should be evaluated carefully, with facts, timing, medical records, and an understanding of how Wisconsin law is actually applied.
Motorcycle accident claims are already treated differently by insurance companies. When helmet use is added to the conversation, adjusters often push harder to minimize claims early on. At Natasha Misra Law, we focus on what truly matters:
Natasha stays personally involved in motorcycle injury cases, supported by a team with deep experience handling serious auto and motorcycle claims across Wisconsin. We take the time to explain your options clearly, answer your questions honestly, and push back when insurers oversimplify the law.
If you were injured in a motorcycle accident and were not wearing a helmet, do not assume you are out of options. You deserve to understand where you stand before an insurance company decides for you.
Contact us today to schedule a free consultation. Natasha Misra Law serves riders throughout Milwaukee, Madison, Appleton, and Green Bay.
We’re here to help you understand your rights and get back on your feet.
Ridesharing has made getting around Milwaukee easier, but accidents involving services like Uber or Lyft can make an injury claim all the more complicated.
What should you do if you are injured during an Uber ride? Whether the accident was caused by another driver, your Uber driver, or a combination of factors, knowing the right steps to take can make all the difference in protecting your health, rights, and ability to seek compensation. At Natasha Misra Law, we handle rideshare accident cases across Wisconsin and are here to guide you through the process.
Your health is the most important priority after an accident. Injuries like whiplash or internal damage may not show symptoms right away. Visit a doctor as soon as possible to document your injuries, which will also be critical evidence if you decide to pursue a legal claim.
Call the police to report the accident and ensure an official report is filed. This document provides a clear record of what happened and can strengthen your case. Additionally, report the accident to Uber or Lyft through their app or customer service which also has its own insurance policies that may cover your injuries, and initiating the process starts with this step.
If you are physically able, collect as much information as possible at the accident scene. Take photos of the vehicles involved, the road conditions, and any visible injuries. Exchange contact information with the Uber driver, other drivers, and witnesses. These details will help build a stronger case.
Uber accidents often involve multiple insurance policies and complex liability issues. A skilled rideshare accident lawyer in Wisconsin can navigate these complexities and ensure you receive fair compensation for medical bills, lost wages, and pain and suffering.
One of the challenges in Uber accident cases is determining who is responsible for covering your damages. While rideshare companies like Uber and Lyft have insurance policies to protect passengers, they often try to limit their liability. In many cases, you may find yourself dealing with the driver’s personal insurance instead of Uber’s policy.
An Uber accident can leave you with injuries, bills, and unanswered questions. But you don’t have to face this difficult time alone. At Natasha Misra Law, we are committed to helping you through the legal process with confidence. From reporting the accident to negotiating with insurance companies, we are here to support you every step of the way. Reach out to Natasha Misra Law today, and let us help you get what you deserve.
My law practice is dedicated to helping people who have suffered injuries in accidents which were not their fault. Born and raised in Milwaukee, I come from a family of medical professionals. My background and experience help me understand and represent individuals injured in accidents.
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